Help!!! Cap Quest Debt Recovery - Royal Bank of Scotland

andiR1

Sorry to anyone who has already read this in the current account section, but I think I had posted on the wrong section , so here goes;
Hi,
Wondering if I have done the right thing!!!!
OH recieved a letter from Cap Quest 4 weeks ago saying that he owed the Royal Bank of Scotland £374.86. Knowing this not to be true, as the account was only £21.42 o/d on 29/8/00, we sent back the standard letter that is outlined on here, about them having to prove the debt belongs to my OH. We have today received statements from them, and everything from 29/8/00 has been charges and interest!!! So I called the Royal Bank of Scotland and told them that this debt does not exist, and the guy I spoke to even admitted that this was a bit far fetched, and told me to ring Cap Quest and offer them £75, to which I did!!! Even though after I had made this offer and they had refused it, they then refused to speak to me as I don't have authority so speak on OH's behalf!!
A member of staff at the Royal Bank of Scotlands' Credit Management Services claims that my OH spoke to them on 17th December 2001 and they asked him to pay £75 there and then in full and final settlement and my OH declined. OH says that if he had spoke to them at all and if they actually had made that offer he would've paid it there and then, just to close the matter.
SO my question is, can we actually send off the Statute Barred letter, or have we done the wrong thing by asking them for the details of the debt?
Oh, and also forgot to add that we have just had a credit report from CreditExpert and this debt was logged under his account information as defaulted on 6.9.03!! So there is already a 'black mark' against his credit file for this debt!!
Thanks in advance for any advice - This is driving me mad!!!!!!!!

RAS

PLEASE

Stop contacting Crapquest until you have some proper advice.This debt is probably statute barred, unless you have managed to unpick this by writing to them or there is a CCJ against it.

rog2

RAS is quite correct - get yourself some advice from one of the debt counselling charities, such as CCCS, CAB or National Debtline.

Certainly it looks as though the 'alleged debt' may be statute barred - even if your OH 'spoke' to them in 2001.

Start by having a look at the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Or, if you live in Scotland:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

Above all - do not speak to CrapQuest until you have established your rights.

andiR1

Thank you, I don't know whether a CCJ has been brought for this debt and also, I forgot to mention that this was a joint account with his ex-wife, who is addressed jointly on the statements but they are not pursueing her for any of this!
Also, we have written to them, but only to say we do not acknowledge this debt and for them to send proof, which today they have sent the bank statements

andiR1

Thank you Rog2, will have a look at the link now.
Have just typed out the letter regarding Statute Barred off their website, thanx once again.

RAS

andiR1 wrote: »

Thank you, I don't know whether a CCJ has been brought for this debt and also, I forgot to mention that this was a joint account with his ex-wife, who is addressed jointly on the statements but they are not pursueing her for any of this!

There is a risk that his ex has acknowledged the debt but otherwise, it could well be statute barred. It is for crapquest to prove this. You can sort this by sending the letter on the NDL site.

andiR1 wrote: »

Also, we have written to them, but only to say we do not acknowledge this debt and for them to send proof, which today they have sent the bank statements

That's fine.

rog2

andiR1 wrote: »

Also, we have written to them, but only to say we do not acknowledge this debt and for them to send proof, which today they have sent the bank statements

Do these 'statements' show any payments in the last five (Scotland) or six (England/Wales) years?
Even if they do - is there a 'gap' of six years between payments?

andiR1

No, she hasn't acknowledged the debt, as I have spoken to her recently and she wasn't aware that the account hadn't been closed in May 2000 when they split up, the reason it wasn't closed was because the branch said they couldn't to close it without his ex's signature, but he stressed that if it wasn't closed his ex would undoubtedly carry on using it (which she didn't, it was £21+ o/d when he asked them to close it, but because they refused, he refused to pay the £21.+. They opened him a new account and never heard anything else, he also closed that account within 6 months because he moved to the same bank that I used.

andiR1

Hi rog2, no, there is no payments made, just interest and charges and fees added since 14th Sept 2000.

rog2

andiR1 wrote: »

Hi rog2, no, there is no payments made, just interest and charges and fees added since 14th Sept 2000.

STATUTE BARRED. Send the letter - it is up to CQ to prove whether there has been any written acknowledgement during the 'Limitation Period'.

andiR1

rog2, Thank you very much, on way to Post Office to send it via First Class Recorded Delivery, will update you when they reply.